{"operation":"document","citation":"19-0033","title":"Railsback Hazmat Safety Professionals, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-09-27","effective_on":null,"summary":"19-0033 response to Railsback Hazmat Safety Professionals, LLC concerning 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0033.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0033.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0033","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/72501/190033_0.pdf","body":"<<>>\n\n0\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSEP 2 7 2019\nRex Raiisback\nRailsback Hazrnat Safety Professionals, LLC\n312 Lawrence Ave.\nLawrence, KS 66049\nReference No. 19-0033\nDear Mr. Railsback:\nThis letter is in response to your March 21, 2019, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to Department of\nTransportation special permits (DOT-SP or SP). Specifically, you describe several scenarios\npertaining to DOT-SP 8627 and DOT-SP 20705 and their use.\nWe have paraphrased and answered your questions as follows:\nQ 1. You describe a scenario in which a carrier is transporting a \"six-pack\" consisting of six\n60-gallon portable tanks or Intermediate Bulk Containers (IBCs), constructed and marked\nin accordance with DOT-SP 8627. One of the six tanks is filled with 60 gallons of a\ncombustible liquid while the remaining five tanks are empty. You ask whether the \"six-\npack\" and transport vehicle are subject to the HMR pertaining to the transportation of an\nIBC or portable tank.\nAl. A shipment using tanks marked with DOT-SP 8627 would be subject to the requirements\nof the SP. For the purposes of this SP, the group of specially designed 60-gallon tanks\nused under the terms of DOT-SP 8627 are considered \"bulk\" packagings. Therefore, the\nshipment would have to meet the HMR requirements for transporting the material in a\nbulk packaging. Please note that DOT-SP 8627 only authorizes the transportation of the\nhazardous materials listed in DOT-SP 8627 tanks.\nQ2. You describe a scenario in which a carrier is transporting a \"six-pack\" consisting of six\n60-gallon portable tanks or IBCs, constructed in accordance with DOT-SP 8627 but\neither not marked with the SP number or the SP number is covered. Each of the six tanks\nis filled with 60 gallons of a combustible liquid, totaling 360 gallons. You ask whether\nthe \"six-pack\" and transport vehicle are subject to the HMR due to the non-bulk\ncombustible liquid exception provided in§ 173.IS0(t).\nA2. If the SP marking is removed or covered, the package is considered a non-bulk,\nnon-specification package. If the manifold package is sealed off so that each 60-gallon\n\n<<>>\n\nQ3. A3. Q4. A4. Q5. A5. tank is an independent package, the shipment would be excepted from the HMR in\naccordance with§ 173.150(f)(2) provided the material is not a hazardous substance, a\nhazardous waste, or a marine pollutant.\nYou describe a scenario in which a carrier is transporting one 50-gallon IBC, constructed\nand marked in accordance with DOT-SP 20705 and filled with 50 gallons of a\ncombustible liquid. You ask whether the IBC and transport vehicle are subject to the\nHMR pertaining to the transportation of an IBC.\nA shipment using packagings marked with DOT-SP 20705 would be subject to the\nrequirements ofthe SP. For the purposes of this SP, the specially designed 50-gallon\ntanks used under the terms of SP-20705 are considered \"bulk\" packagings. Therefore,\nthe shipment would have to meet the HMR requirements for transporting the material in a\nbulk packaging. Please note that DOT-SP 20705 only authorizes the transportation of the\nhazardous materials listed in the SP in DOT-SP 20705 packagings.\nYou describe a scenario in which a carrier is transporting 20 50-:-gallon IBCs, constructed\nin accordance with DOT-SP 20705 but either not marked with the SP number or the SP\nnumber is covered. Each IBC is filled with 50 gallons of a combustible liquid, totaling\n1,000 gallons. You ask whether the IBC and transport vehicle are subject to the HMR\ndue to the non-bulk combustible liquids exception in§ 173.150(f).\nIf the SP marking is removed or covered, the package is considered a non-bulk,\nnon-specification package. Therefore, the combustible liquid would be excepted from\nthe HMR under§ 173.150(f)(2) provided the material is not a hazardous substance, a\nhazardous waste, or a marine pollutant.\nYou describe a scenario in which a carrier is transporting 30 50-gallon UN specification\nlAl/X steel drums, marked in accordance with § 178.503. Each drum is filled with 50\ngallons of a combustible liquid, totaling 1,500 gallons. You ask whether this shipment is\nsubject to the HMR due to the non-bulk combustible liquid exception in§ 173.150(f).\nThe shipment would be excepted from the HMR in accordance with§ 173.150(f)(2),\nprovided the drums are filled with a combustible liquid and the material is not a\nhazardous substance, a hazardous waste, or a marine pollutant.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nThursday, March 21, 2019 11:54 AM\nHazmat Interps\nFW: Request for letter of interpretation\nHello Alice and lkeya,\nBelow is a request for letter of interpretation. Breanna spoke with Andrew Eckenrode and Mike Nicks about this topic.\nThanks,\nJonathon, HMIC\nFrom: Rex Railsback [mailto:rex@hazmatgeek.com]\nSent: Thursday, March 21, 2019 11:49 AM\nTo: INFOCNTR (PHMSA) \nSubject: RE : Request for letter of interpretation\nRex Railsback\n312 Lawrence Ave, Lawrence, KS 66049\n913-568-3001\nThanks\nRex Railsback, HazMat Specialist\n913-568-3001\nrex@hazmatgeek.com\nwww.hazmatgeek.com\nAAll:$llA,CX HAlMAT SAFETY PROFfS!ilONAts lLC\ns\n♦\nFrom: INFOCNTR (PHMSA) \nSent: Thursday, March 21, 2019 10:47 AM\nTo: Rex Railsback \nSubject: RE: Request for letter of interpretation\nDear Rex,\nWe have received your request for a written letter of interpretation regarding the hazardous materials regulations (49\nCFR Parts 171-180). The hazardous materials regulations are available at the following URL:\nh!!.P__J/ p h msa .dot.gov/regulations\nHowever, before we can submit your request for processing, please respond to this email with:\n1\n\n<<>>\n\n• Full Name\n• Physical Mailing Address\n• Telephone Number\nSincerely,\nJonathon, Hazardous Materials Specialist\nAn e-mail response from this office is considered informal guidance. Formal guidance may be requested in accordance\nwith 49 CFR 105.20. http://phmsa.dot.gov/hazmat/regs/interps\nFrom: Rex Railsback [mailto:rex@hazmatgeek.com ]\nSent: Wednesday, March 20, 2019 12:15 PM\nTo: PHMSA HM lnfoCenter \nCc: Rex Railsback \nSubject: Request for letter of interpretation\nI respectfully request a formal letter of interpretation to the below scenarios, reference my 03/19/2019 telephone\nconversations with PHMSA, regarding DOT-SP 8627, DOT-SP 20705 and PHMSA Interpretation 16-0004, to ensure my\nunderstanding of PHMSA's response to my previous questions, emailed on 03/06/2019 & 03/12/2019.\nScenario #1. Per our phone conversation, it is my understanding that if a carrier is transporting one \"six-pack\" consisting\nof six 60 gallon tanks, constructed per DOT-SP 8627, marked with said SP number, with one of the six tanks filled with 60\ngallons of a combustible liquid, and the remaining five tanks are empty, the \"six-pack\" and transport vehicle would be\nsubject to all hazmat regulations pertaining to the transportation of an IBC. (f_9?(,,,J- ,d\nScenario #2. Per our phone conversation, it is my understanding that if a carrier is transporting a \"six-pack\" consisting of\nsix 60 gallon tanks, constructed per DOT-SP 8627, NOT marked with said SP number or the SP number is covered, with\neach of the six tanks filled with 60 gallons of a combustible liquid, totaling 360 gallons, the \"six-pack\" and transport\nvehicle would NOT be subject to the hazmat regulations, per the non-bulk combustible liquids exception found in\n173.lS0(f).\nScenario #3. Per our phone conversation, it is my understanding that if a carrier is transporting one 50 gallon tank,\nconstructed per DOT-SP 20705, marked with said SP number, and filled with 50 gallons of a combustible liquid, the tank\nand transport vehicle would be subject to all hazmat regulations pertaining to the transportation of an IBC.\nScenario #4. Per our phone conversation, it is my understanding that if a carrier is transporting twenty (20), 50 gallon\ntanks, constructed per DOT-SP 20705, NOT marked with said SP number or the SP number is covered, each tank filled\nwith 50 gallons of a combustible liquid, totaling 1,000 gallons, the tank and transport vehicle would NOT be subject to\nthe hazmat regulations, per the non-bulk combustible liquids exception found in 173.lS0(f).\nScenario #5. Per our phone conversation, it is my understanding that if a carrier is transporting thirty (30), 50 gallon UN\nspecification lAl/X steel drums, marked per 178.503, each filled with 50 gallons of a combustible liquid, totaling 1,500\ngallons, the drums and transport vehicle would 'NOT be subject to the hazmat regulations, per the non-bulk combustible\nliquids exception found in 173.lS0(f).\nThank you for your time and effort in this matter.\nRespectfully\n2\n\n<<>>\n\nRex Railsback, HazMat Specialist\n913-568-3001\nrex@hazmatgeek.com\nwww.hazmatgeek.com\nRAII..S&A.Cl< .. AZMA't $AFETV PROFt$SIONA.t$1.lC\n3","truncated":false,"body_characters":9255}